This complaint is coming on for final hearing before us in the presence of Sri P.Dhananjaya Rao, Advocate for the complainant and Sri G.Rammohan Rao And Sri Advocate for O.Ps.1 and 2 and having stood over for consideration, the Forum made the following:-

O   R   D   E   R

          This is a complainant filed under Section 12 of Consumer Protection Act seeking the relief to direct the O.Ps. to give loan clearance certificate and no objection certificate and to pay a sum of Rs.25,000/- towards compensation for causing inconvenience and hardship and to pay the costs on the following averments.

          The complainant purchased Tata ACE Vehicle bearing No.31/TT 9253 by availing loan from the O.Ps. on 30-6-2010 and the O.Ps. arranged loan of Rs.1,40,000/- under an agreement and the complainant has to discharge the said loan amount 33 equal instalments at Rs.6,152/- per instalment.  The complainant executed hypothecation agreement in favour of O.Ps. and paid an amount of Rs.2,13,161/- and cleared the entire loan amount.  The complainant approached the O.Ps. and requested to issue loan clearance and no objection certificates but of no avail.

          The O.Ps. started demanding the complainant to pay a sum of Rs.20,000/- towards additional charges and other charges without having any justifiable ground.  Since the O.Ps. did not furnish the loan clearance and no objection certificates the complainant suffered mental agony and as the men of O.Ps were in dereliction of duties and as there is any amount of deficiency of service on the part of O.Ps the complainant filed the complaint for the above said reliefs.

          The O.Ps. filed counter contending inter alia that the complainant paid Rs.2,13,161/- as on 28-11-2012 towards amount due and has cleared the loan and there after he approached the office of the O.P. and requested for issuance of no objection certificate and on 24-1-2013 the O.Ps. issued the said certificate to the complainant upon which the complainant and his father Mr.B.S.Ch. Rama Rao signed on the office records of O.P. as well as on the office copy of no objection certificate.  It is averred that after receiving the copy of complaint the O.P. verified the RTA record with regard to hypothecation endorsement and found that the said endorsement was deleted from their records.  The complainant having obtained no objection certificate from the O.P. he submitted the same before RTA and got the hypothecation endorsement deleted from their records.  It is averred that the men of O.Ps. were not in dereliction of their duties and as there is no deficiency of service on their part, the complaint merits no consideration and is liable to be dismissed.

In furtherance of complainant’s case the evidence affidavit of P.W.1 is filed and got marked as Ex.A.1 to Ex.A.4, to prove the O.Ps. case the affidavit evidence of R.W.1 is filed and got marked as Ex.B.1 to Ex.B.3.  The respective parties filed their brief written arguments and their counsel have advanced oral arguments also.  Perused the material placed on record.

          Now the point for consideration is whether the complainant is entitled to get the reliefs prayed for ?

It is the specific contention of the complainant that he availed loan from O.Ps. for purchase of a vehicle and though he has cleared the loan the O.Ps. did not issue clearance certificate and no objection certificate and demanded to pay Rs.20,000/- towards additional charges.   In the counter filed by the O.Ps. they did not deny the fact of availing loan by the complainant from them to purchase the vehicle and also about its redumption in installments as averred by the complainant.  In para No.3 of the counter it is averred that the complainant has paid Rs.2,13,161/- as on 28-11-2012 and has cleared the loan and has approached the office of O.Ps and requested for issuance of clearance certificate upon which the O.Ps issued no objection certificate on          24-1-2013 and evidencing the said fact the complainant and his father put their signature in the records maintained by the O.Ps.  It is well settled that admitted facts need not be proved.   Though the O.Ps have clearly averred about issuance of no objection certificate on 24-1-2013 the complainant did not file any rejoinder by denying the above said fact.  Even in the affidavit evidence filed on behalf of complainant he did not dispute the stand taken by the O.Ps. in their counter with regard to issuance of clearance papers and no objection certificate.  The O.Ps. filed office copy of no objection certificate, ‘B’ Register of vehicle and Xerox copy of office record entry relating to acknowledgement of receipt of no objection certificate and got the same marked as Ex.B.1 to B.3.  As seen from contents of B.1 the O.Ps. have issued no objection certificate to get their name deleted from the registers maintained by RTA and as seen from Ex.B.2 the complainant’s name as owner of the vehicle was incorporated in the registers maintained by RTA on 1-3-2013 and as seen from Ex.B.3 on 23-1-2013 the complainant seems to have received no objection certificate from the O.Ps. to get his name incorporated as owner of the vehicle in RTA records.  The complainant has filed this complaint on 7-5-2013 and as seen from Ex.B.1 to B.3 the complainant got his name incorporated in the registers maintained by RTA, Vizianagram as owner of the vehicle on 1-3-2013.  If really he was not given the clearance certificate and no objection certificate by the O.Ps. the name of O.Ps. must have been in the RTA records till this date.  The complainant did not explain as to how the name of O.Ps. was deleted and his name was incorporated in the RTA record as the owner of the vehicle.  Since the name of complainant was incorporated in the records of RTA as on   1-3-2013 by deleting the name of O.Ps. to be financier / owner of the vehicle,  the complainant is not justified to contend that the O.Ps. did not issue clearance and no objection certificates to him.  As on the date of filing the complaint the complainant has already got his name incorporated in RTA records as the owner of the vehicle bearing No. AP 31 TT 9253 he is not entitled to come to this forum seeking the relief to direct the O.Ps. to give loan clearance certificate and no objection certificate.  Since there are no merits in the complaint and as the O.Ps. were not in dereliction of duties and as there is no deficiency of service on their part the complaint is liable to be dismissed.

In the result, the complaint is dismissed, but under the circumstances without costs.

Dictated to the Typist, transcribed by her, corrected by me and pronounced by us in the open Forum, this the 16^th day of June, 2014.

Member                                                           President

CC. 43 of 2013

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

     For P.W.1                                                                  For R.W.1

DOCUMENTS MARKED.

For complainant:-

1. Ex.A.1 Bunch of receipts issued by the O.P.
2. Ex.A.2 State Account
3. Ex.A.3 office copy of Lawyer’s notice dt.27.2.2013
4. Ex.A.4 Postal Acknowledgement

For O.P:-                                                                    

1. Ex.B.1  office copy of No Objection Certificate by O.P.
2. Ex.B.2 ‘B’ Register of the vehicle
3. Ex.B.3 xerox copy of office record entry relating to Ack., of

No Objection Certificate.

                                                                             P